RULE 3. COMMENCEMENT OF ACTION

Effective Date: 9/20/1979

Obsolete Date: 3/1/2011

A civil action is commenced by the service of a summons.

Rule 3 was amended, effective March 1, 2011. The explanatory note was amended, effective March 1, 2015.

All that is required to commence a civil action is the service of a summons on a defendant. This is unlike Fed.R.Civ.P. 3, which requires the filing of a complaint with the court to commence an action. Rule 4(c) sets outs the contents of the summons and explains service of the complaint.

An action is not commenced for the purpose of tolling a statute of limitation except as provided in N.D.C.C. § 28-01-38.

Rule 3's title was amended, effective March 1, 2011.

SOURCES: Joint Procedure Committee Minutes of September 26, 2013, page 29; January 24, 2008, pages 14-15; September 20-21, 1979, page 4.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. § 28-01-38.

CROSS REFERENCE: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction Process Service).

Effective Date Obsolete Date
03/01/2015 View
03/01/2011 03/01/2015 View
09/20/1979 03/01/2011 View